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This book is for lawyers, political scientists, and students of law and political science who seek to understand how proportionality analysis - a legal transplant from the West - is blossoming and, in some cases, flourishing in Asia.
List of contents
Introduction: 1. Proportionality in Asia joining the global choir Po Jen Yap; Part I. Structured Proportionality: 2. More structure, more deference proportionality in Hong Kong Rehan Abeyratne; 3. Proportionality in Taiwan American-German fusion Chien-Chih Lin; 4. Proportionality in South Korea contextualizing the cosmopolitan rights grammar Yoon Jin Shin; Part II. Anemic / Ad Hoc Proportionality: 5. Proportionality doctrine in Malaysia: new dawn or 'Merely Obiter'? Benjamin Joshua Ong; 6. Judicial review of restrictions on constitutional rights in Japan highly ad hoc, contextualized, and deferential Shigenori Matsui; 7. Against the currents the indonesian constitutional court in an age of proportionality Stefanus Hendrianto; 8. Manifest disproportionality and the constitutional court of Thailand Narongdech Srukhosit: Part III. Doctrinal Equivalents of Proportionality: 9. Reasonableness as proportionality more intrusive scrutiny in civil-political matters than socioeconomic ones? Md. Rizwanul Islam; 10. Importing proportionality through legislation a Philippine experiment Bryan Dennis, Gabito Tiojanco, Ronald Ray and Katigbak San Juan; Conclusion: 11. Is there a doctrine of proportionality in Asia (or anywhere)? Mark Tushnet.
About the author
Po Jen Yap is a Professor of Law at the University of Hong Kong (HKU), Faculty of Law, where he specialises in comparative constitutional law. He graduated from the National University of Singapore with an LLB degree and he obtained LLM qualifications from both Harvard Law School and University College London. He also has a PhD degree from the University of Cambridge. He is an Advocate and Solicitor of the Supreme Court of Singapore and an Attorney at Law in the State of New York, USA. His sole-authored publications include Constitutional Dialogue in Common Law Asia (2015) and Courts and Democracies in Asia (2017). He was the editor of Judicial Review of Elections in Asia (2016) and Constitutional Remedies in Asia (2019).
Summary
This book is for lawyers, political scientists, and students of law and political science who seek to understand how proportionality analysis – a legal transplant from the West – is blossoming and, in some cases, flourishing in Asia.
Foreword
Explores how proportionality analysis – a legal transplant from the West – is judicially enforced by courts around Asia.
